The inspectors general argued that President Donald Trump did not remove them in accordance with federal law. Peter Dazeley / Getty Images
Inspectors general file lawsuit to fight firings
The litigation comes as a Democratic member of the Merit Systems Protection Board who Trump removed is also asking the courts to stop her ousting.
Updated: 12:30 p.m., Feb. 13
Eight of the inspectors general fired by President Donald Trump are asking the courts to reinstate them in their positions “unless and until” the president fires them in accordance with federal law. They are also requesting back pay and benefits.
The watchdogs argued in a lawsuit on Wednesday that their oustings were unlawful because the administration did not provide Congress with 30 days' notice and substantive, case-specific justifications for the removals.
Additionally, the IGs who came from the senior executive service contended that they are entitled to return to SES positions, as long as their removals are not for misconduct, neglect of duty, or malfeasance.
The ousted IGs represented in the lawsuit served at the Defense, Veterans Affairs, Health and Human Services, State, Agriculture, Education, and Labor departments, as well as the Small Business Administration.
“Plaintiffs’ purported removals have sent shockwaves and a massive chilling effect through the IG community,” their attorneys wrote in the filing. “IGs and Offices of Inspector General have been sent a message that non-partisanship and truth-telling will not be tolerated. That message will have the effect of intimidating the OIG workforce and thus chill their critical work for the American people.”
The IG firings occurred days into the second Trump term, with initial reports that between 12 and 17 of the watchdogs were removed. Wednesday’s lawsuit filing pegged the number of ousted IGs at "nearly a score."
While political appointees are generally replaced during a presidential transition, IGs typically stay on regardless of the administration.
Trump said of the firings that “some people thought that some were unfair, some were not doing their job, and it’s a very standard thing to do.”
The IG for the U.S. Agency for International Development was reportedly fired on Tuesday, the day after publishing a memo that Trump’s efforts to eliminate the agency have hurt the federal government’s ability to identify fraud and abuse in foreign aid.
Merit Systems Protection Board
Ousted Merit Systems Protection Board member Cathy Harris on Tuesday filed a lawsuit to seek a temporary restraining order blocking her removal. A hearing has been scheduled for Thursday.
Trump on Monday fired Harris, a Democratic MSPB member confirmed by the Senate in 2022 and whose term is set to end in 2028. Her removal leaves a Democrat and Republican on the three-member board, enough for a quorum, that hears appeals from federal employees about firings and other disciplinary actions.
“The MSPB’s ability to protect the civil service is needed now more than ever,” Harris’ attorneys wrote in the lawsuit. “Over the preceding three weeks, an unprecedented number of federal employees with civil service protections have been placed on administrative leave with a threat that their due process rights and civil service protections will be taken away.”
Harris argued her firing is unlawful because the president can only remove an MSPB member for “inefficiency, neglect of duty or malfeasance in office.” According to the lawsuit, Harris received a one-sentence email that said: “On behalf of President Donald J. Trump, I am writing to inform you that your position on the Merit Systems Protection Board is terminated, effective immediately.”
Special Counsel Hampton Dellinger received practically the same message when Trump fired him on Friday; however, a federal judge on Monday ordered that he be reinstated at least through Thursday. Then, the judge on Wednesday ruled that Dellinger should remain in the position until the court decides on the request for a preliminary injunction. A hearing is scheduled for Feb. 26.
On Tuesday, Dellinger filed a Hatch Act complaint with the MSPB seeking discipline against Marn’i Washington, a fired Federal Emergency Management Agency employee. OSC alleged that she told her subordinates to avoid homes with Trump campaign signage when responding in Florida to Hurricane Milton in October 2024.
Trump also appeared to have recently fired Susan Tsui Grundmann — the Democratic chairwoman of the Federal Labor Relations Authority, which oversees federal sector labor issues — ahead of the end of her term in July. FLRA announced on Wednesday that Trump named FLRA Republican member Colleen Kiko as chair.
This story has been updated with the latest developments on the Dellinger case.